A, having hired a slave for a year, placed him, without the consent of
the owner, in the employment of B, who cruelly beat him, and greatly
impaired his vaule thereby. Case is the proper action for the owner to
recover damages of A.
This was a special action on the case. On the trial it appeared in
evidence that the plaintiff hired to the defendant a negro slave for
the term of one year, which slave was, at the expiration of the term,
returned ruptured and greatly impaired in value. The defendant had,
during the term, without the consent of the plaintiff, hired the slave
to a man of the name of Thally, who, with his father, had, whilst the
slave was in his employment, beaten him with such severity as to occasion
the rupture and consequent diminution of value. The jury found a verdict
for the plaintiff; and a question was made, Whether an action on the case
could be maintained by the plaintiff, and whether trespass be not the
proper action.
By the Court. Case is the proper action against the defendant. Judgment
for the plaintiff.
Source:
NC Reports
July Term, 1811
NC Supreme Court
Pg 50